BRENNAN v. McDONNELL DOUGLAS CORPORATION

Nos. 74-1639, 74-1931.

519 F.2d 718 (1975)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant, v. McDONNELL DOUGLAS CORPORATION, Appellee. Phillip W. HOUGHTON, Plaintiff, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellee, Peter J. Brennan, Secretary of Labor, United States Department of Labor, Applicant for Intervention-Appellant.

United States Court of Appeals, Eighth Circuit.

January 27, 1975.


Attorney(s) appearing for the Case

Jacob I. Karro, Atty., U. S. Dept. of Labor, Washington, D. C., for appellant Brennan in No. 74-1639.

Thomas C. Walsh, St. Louis, Mo., for appellee McDonnell Douglas Corp. in No. 74-1639.

William J. Kilberg, Sol. of Labor, Carin Clauss, Associate Sol., Sandra P. Bloom and Jacob I. Karro, Attys., U. S. Dept. of Labor, Washington, D. C., and Tedrick A. Housh, Regional Sol., filed appendix and brief for appellant Brennan in No. 74-1931. Appearances were filed in this Court by Donald J. Stohr, U. S. Atty., Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., and Donald S. Shire, Deputy Associate Sol., U. S. Dept. of Labor, Washington, D. C.

Veryl L. Riddle and Thomas C. Walsh, St. Louis, Mo., filed appearances for McDonnell Douglas Corp. in No. 74-1931 but did not file brief.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.


ORDER

This Court currently has before it two appeals by the Secretary of Labor in cases involving McDonnell Douglas Corporation. The appeals are linked, since a resolution of either in the Secretary's favor will moot the other.

Houghton v. McDonnell Douglas Corp., [the "private suit"] involves a claim under the Age Discrimination in Employment Act, arising from McDonnell's termination of a 52-year-old test pilot. Houghton was removed from flight status...

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